Ohio Admin. Code 3745-66-40
Rule 3745-66-40. Applicability- financial requirements
119.03 (A) The requirements of rules 3745-66-42 , 3745-66-43 , 3745-66-47 , and 3745-66-48 of the Administrative Code apply to owners and operators of all hazardous waste facilities, including underground injection control facilities, except as this rule or rule 3745-65-01 of the Administrative Code provide otherwise. (B) The requirements of rules 3745-66-44 and 3745-66-45 of the Administrative Code apply only to owners and operators of: (1) Disposal facilities; (2) Tank systems that are required under rule 3745-66-97 of the Administrative Code to meet the requirements for landfills; and (3) Containment buildings that are required under rule 3745-256-102 of the Administrative Code to meet the requirements for landfills. (C) The state of Ohio and federal agencies are exempt from the requirements of rules 3745-66-40 to 3745-66-48 of the Administrative Code. (D) The director may replace all or part of the requirements of rules 3745-66-40 to 3745-66-48 of the Administrative Code that apply to a regulated unit with alternative requirements for financial assurance set out in the permit or in an enforceable document [as defined in paragraph (G) of rule 3745-50-45 of the Administrative Code], where the director: (1) Prescribes alternative requirements for the regulated unit under paragraph (F) of rule 3745-65-90 and/or paragraph (D) of rule 3745-66-10 of the Administrative Code, and (2) Determines that it is not necessary to apply the requirements of rules 3745-66-40 to 3745-66-48 of the Administrative Code because the alternative financial assurance requirements will protect human health and the environment. Supplemental Information Authorized By: 3734.12 Amplifies: 3734.12 8/26/1983 (Emer.), 11/29/1983, 5/29/1985 (Emer.), 8/29/1985, 11/13/1987, 12/7/2000, 12/7/2004